First Liberty Institute and Thomas More Society have asked the appeals court to uphold a lower court's ruling that struck down an Asheville, North Carolina ordinance that the law firms say targeted pro-life speech outside the city's only abortion center.
"This is about the fundamental right to be heard," says First Liberty Institute attorney Nate Kellum.
Pro-life activist Zachary Hebb believes that abortion is the wrongful killing of human life and wants to share his view with others, including people visiting the Asheville Health Center. Hebb uses an amplifier to speak in what his attorneys describe as "a conversational tone at a volume level appropriate for the area."
A representative from Planned Parenthood South Atlantic and staff members of Asheville Health did not like this approach and successfully got the City of Asheville to include language involving an amplification ban around the health clinic.
"It's a clear violation of constitutional rights because the right to speak necessarily includes a right to be heard," says Kellum.
Pro-choicers get a pass on ordinance
Hebb’s attorneys contend that not only has their client had his rights ignored, but the city allows clinic employees and supporters to use amplification to promote abortion in virtually the same place where it prohibits amplification by pro-life individuals and groups.
First Liberty and Thomas More Society filed a challenge at the District Court where the judge agreed the law is unconstitutional.
"The City of Asheville appealed that ruling to the 4th circuit court of appeals," says Kellum. "They filed a brief, we responded to their brief, and as that's where it currently stands."
